We may modify the Terms of Service from time to time and are not obligated to notify you. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. You understand and agree that your continued access to or use of the website and/or services after any posted modification to the Terms indicates your acceptance of the modification.
The unmetered disk space/usage we actively advertise as being part of our Minecraft hosting services does have restrictable limits. If your individual Minecraft server instance is using more than 60% of the total disk space, Chromobyte is permitted to remove unnecessary files from the hard drive with or without notice. Unnecessary file types are determined by the discretion of Chromobyte management. Disk space assigned for use via our web hosting or Minecraft hosting services are not to be used for unacceptable uses such as personal backups.
In most cases, if you use our services consistently within the Terms of Service and these paragraphs, you will not need to worry about how much bandwidth your server is using. Chromobyte will use its 3rd party monitoring software to monitor the amount of bandwidth each service uses. On a shared hosting plan, your bandwidth cannot exceed a total of 10TB per month. You will be charged the appropriate bandwidth overage fees if the limit is exceeded. Chromobyte does not count bandwidth caused by unfiltered network attacks against you.
Any attempt to undermine or cause harm to a server or customer of Chromobyte is strictly prohibited. Chromobyte will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to Chromobyte, will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE - Chromobyte has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown here WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined within. You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Chromobyte to be unacceptable use of our services including abuse of server resources. The severity of each abuse type is determined by the Chromobyte Abuse Department. You will be notified via a support ticket about any abuse complaints originating from your IP address and your service may be suspended. In the event of a severe abuse complaint, you may be subject to an administrative fine or service termination.
(1.) COVERAGE - This 99.9% uptime guarantee applies to any customer in good standing with Chromobyte at the time of a service outage. (2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Chromobyte endeavors to have the content of your services available for access by any party in the world 99.9% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Chromobyte to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Chromobyte's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by contacting support via email. Chromobyte's administrators will determine the end of the downtime by a traceroute to your machine from outside the Chromobyte network. (3a.) SHARED HOSTING CREDITS - In the event that your service is unavailable for less than 99.9%, Chromobyte will credit the following month's service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit: - 95% to 99.5% - your account will be credited 10% of your monthly hosting fee - 90% to 94.9% - your account will be credited 20% of your monthly hosting fee - 89.9% or below - your account will be credited 30% of your monthly hosting fee (3b.) UNMANAGED DEDICATED SERVERS - For unmanaged dedicated server customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by you for the services during that monthly period. In addition, for unmanaged dedicated servers, you may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for you to receive a credit on your account, you must request such credit within five (5) days after you experienced the downtime. You must request credit by sending an e-mail message to firstname.lastname@example.org. For security, the body of this message must contain your first and last name, the dates and times of the unavailability of your service, and such other customer identification requested by Chromobyte. Credits will usually be applied within ten (10) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage. (4.) RESTRICTIONS - Credit shall not be provided to you in the event that you have any outage resulting from: - Scheduled maintenance as posted from time to time at Chromobyte, - Your behavior or the performance or failure of your equipment, facilities or applications, - Circumstances beyond Chromobyte's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your service, - you breaking any agreement policy in Chromobyte's "Terms & Conditions and AUP" causing a machine to fail as a result.
Any account credit stored within your billing account at http://chromobyte.com is non-refundable. This includes, but is not limited to, credit received from Chromobyte's SLA, adding funds, invoice overpayment, etc.
Chromobyte offers a three (3) day refund policy on Minecraft shared hosting services only. Web hosting, VPS, and dedicated server services do not fall under any refund policy. You are not eligible for a refund if you have received one prior or you are a returning customer. The beginning of the three (3) day refund policy starts the day the Minecraft hosting service is setup and extends 72 hours from that time.
Under the circumstance that a client's invoice becomes overdue, their service will be suspended. Files and associated control panel accounts will be kept for a three (3) day grace period. After the third day, the suspended service and associated accounts are subject to cancellation and removal at any time.
In the event that you decide to issue a chargeback or file a PayPal dispute on any service Chromobyte offers, your service will be suspended until the funds are once again available to us.
Chromobyte offers unmanaged support on all services by default. If necessary, clients can use our managed support tickets or managed hosting addon for additional coverage. Our unmanaged support policy includes troubleshooting and guidance of hardware, network, abuse, and software support requests. Unmanaged software support requests include the troubleshooting of Chromobyte software and/or software licenses owned by Chromobyte and initial installation of 3rd party software. A managed support ticket or the managed hosting addon will extend the policy to cover troubleshooting of any issue associated with your service, including configuration. A managed support ticket or a client with the managed hosting addon will not receive additional service monitoring or proactive actions with their service.
Chromobyte provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is Chromobyte neither obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously unless your account has an active Managed Hosting subscription.
You agree to pay Chromobyte prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Chromobyte price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Chromobyte reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from Chromobyte to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Chromobyte) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Chromobyte as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Chromobyte will reinstate your domain name registration solely at Chromobyte discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to Chromobyte you agree to pay Chromobyte prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Chromobyte price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to: - No response from the Registered Name Holder or Administrative Contact - Domain name in Registrar Lock Status - Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer Chromobyte reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Transfer domain registrar away from Chromobyte and we reserve all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to: - No response from the Registered Name Holder or Administrative Contact - Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change - Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer you agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Chromobyte will not be held liable for the failure of a domain name transfer for any reason.
After you have ordered your sub domain web hosting addon, you must open a ticket or send Chromobyte an email message specifying the sub domain you'd like to use for your website. Your website will be online at least 99.9% of the time as long as you have a Minecraft hosting plan with us. Once your service has been suspended or cancelled, your sub domain web hosting will be terminated as well.
After you have ordered your sub domain hostname addon, you must open a ticket or send Chromobyte an email message specifying the sub domain you'd like to use for your hostname to connect to your Minecraft server. The hostname will work to connect to your server at least 99.9% of the time as long as you have a Minecraft hosting plan with us. Once your service has been suspended or cancelled, your sub domain hostname will be terminated as well.
Chromobyte guarantees that new orders of any BDS ("budget dedicated server") will be setup and accessible by the client within 8 hours if all ordered hardware is in stock at the time of the order. If Chromobyte fails to do so, you will receive a $0.25 account credit for each additional hour. Chromobyte BDS customers are permitted to ship their own hard drives, solid state drives, or RAM sticks to our CHI1 datacenter for use in their BDS for no additional charge besides shipping costs. Chromobyte cannot be held responsible for any damages that may occur to your hardware during inbound shipping, production use, or return shipping. The client is responsible for ALL shipping fees including, but not limited to, shipping to our facility and back to you when your BDS has been cancelled or you request the item to be shipped back. Your hardware will not be returned to you until the return shipping costs have been paid in full by the client.
You agree that VPS backups made by Chromobyte are not guaranteed. Chromobyte recommends that clients backup their VPS data to their personal computers or storage servers. You are responsible for your own data. The backups provided by Chromobyte are typically only used for failed hardware mechanisms.
Chromobyte reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Chromobyte if we institute our right of cancellation. All of Chromobyte's Minecraft hosting plans are backed by a 3-day money back guarantee. Web hosting, dedicated servers, and VPS hosting services are not entitled to refunds. If you are not completely satisfied with our Minecraft services within the first 3 days of your service order, you will be given a full refund of the requested amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is cancelled prior to account activation. If you cancel, the full request amount less any setup fees and overages will be refunded if Chromobyte is notified within the first 3 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. or returning clients who have received a refund previously. For credit card payment, refunds will be made to a PayPal account made available by the customer after the 3rd day. All account cancellations must be done via our ticketing and/or billing system. E-mail requests will not constitute acceptance of any cancellation and will be ignored for security purposes. Any services that are associated with an overdue invoice as per our billing system, that service is able to be deleted/removed/cancelled/terminated at any time while the invoice is marked as overdue and any lost data due to the termination is the client's responsibility.
The prices advertised on our website(s) (http://chromobyte.com) are the prices you will pay for each billing period until you cancel your service(s) or your service is cancelled by Chromobyte. If the prices advertised change without promotional discounts during your billing period, your price will not change and will remain locked unless you cancel your service(s) or your service(s) are cancelled by Chromobyte.
Material accessible to you through Chromobyte's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use Chromobyte or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Chromobyte network. If you use a domain name in connection with Chromobyte or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Chromobyte network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Chromobyte will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Chromobyte shall maintain and control all IP numbers and addresses that may be assigned to you by Chromobyte. Chromobyte reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Chromobyte reserves the right to refuse service to anyone. You may only use Chromobyte services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Chromobyte management. If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Chromobyte may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of agreeing to this agreement, you agree that for purposes of venue these Terms are entered in Chicago, Illinois, and any dispute will be litigated or arbitrated in Chicago, Illinois. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Illinois courts. In no event shall Chromobyte'S maximum liability exceed two hundred ($200.00) dollars.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CHROMOBYTE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST CHROMOBYTE, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHROMOBYTE AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CHROMOBYTE'S SERVICES, (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY, AND (3) COPYRIGHT INFRINGEMENT.
CHROMOBYTE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. CHROMOBYTE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, FOR SERVICES WE PROVIDE. CHROMOBYTE DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CHROMOBYTE AND ITS EMPLOYEES. CHROMOBYTE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS, AND DEDICATED SERVERS OF CHROMOBYTE MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION, SUSPENSION, TERMINATION, OR DELETION.
In addition to the above, Chromobyte offers unparalleled support that will gladly help with any concerns that arise.